ZANNIER PORTUGAL – COMMERCIO DE VESTUARIO S.A. v. WIND TRADING CO LTD

HCA 841/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 841 OF 2011

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J U D G M E N T

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1.  This is a case of fraud. The plaintiff seeks judgment in default of defence.

2.  The amended statement of claim reveals that the financial manager of the plaintiff had been tricked by an impostor to transfer three sums each of €385,493.  The impostor claimed to be the founding member of the plaintiff.  These sums were transferred and ended up in the defendant’s bank account.

3.  On the facts as revealed in the amended statement of claim, I give judgment to the plaintiff in terms of relief as prayed with costs of the action.

4.  I also extend the Mareva injunction until after judgment in terms as prayed by the plaintiff.